Analyzing the Biggest Senate Race in the USA.

November 01, 2004

Live Report From Courtroom

A Mr. Jordan was just testifying at the hearing in Daschle's lawsuit to stop poll watching. He worked for Howard Dean in Iowa. He said that poll watchers would "roll their eyes" and make a "negative face" at times and that, in his opinion, this constituted "intimidation" of voters. See SDP for a look at the complaint.

UPDATE: Another report on Daschle's first witness, the Howard Dean worker. He's a lawyer from Virginia who works for Lexis-Nexis and has been in South Dakot for 48 hours. He testified to "note-taking" and "faces" being made. He said nothing was said to voters and nobody was disenfranchised. They are taking a short break before the next witness. Lawyers in the courtroom think this is an absurd joke. SDP calls it "The Death Rattle of Daschle's Political Career."

First, I got my start in politics thanks to lawyers... rather, one lawyer in particular. In 1978, I won my first
election to the House by 14 votes. Don’t laugh, in South Dakota, that’s 60 percent of the vote. Apparently undaunted by that landslide of support, my opponent sued to contest the election. I was fortunate to be represented by a great lawyer and a dear friend, Larry Piersol. It took one year and 21 days, but here I am 25 years later.

UPDATE: Thune campaign manager Dick Wadhams just gave a blistering interview to KSFY Television. 190 people outside courthouse in pro-Thune flash mob, including Sen. Jim Abdnor, who came down and said "we need voters to decide this race not judges."

UPDATE: So apparently Daschle couldn't find anyone to say there were "intimidated" so they dragged in a Howard Dean supporter from Virginia who worked in Iowa who has been in South Dakota a day to complain about faces being made.

UPDATE: KELO-Land has a live report from the courthouse, with lots of signs in the background saying "Don't Steal Tom" and "Shame on Tom." There was another person holding a picture of big clock saying "It's Time For A Change."

UPDATE: "Political Brief" has a lot more on the judge hearing this lawsuit: "Daschle is pushing the bounds of political tactics in his effort to hold onto his Senate seat, and in the process may be asking the judge in the case to push the bounds of ethics."

UPDATE: From Republican Party witness: “Mr. Jordan is a liar.”

UPDATE: SDP: "You'd think that they'd actually bring the allegedly intimidated Indians up to the courthouse. The fact that there wasn't one single Indian who testified tonight speaks volumes about the strength of Daschle's case."

UPDATE: Daschle's personal lawyer Jim Leach is cross-examining, trying to get witness to admit he was sent to intimidate. Very contentious exchanges.

UPDATE: Witness claims they were specifically told not to wear a suit because they would look like FBI agents. Done to avoid any chance of intimidation. Devastating testimony.

UPDATE: People are laughing about being in federal court because someone rolled their eyes.

UPDATE: Another break in the courtroom.

UPDATE: The Daschle campaign manager and deputy campaign manager are in the courtroom, along with other Daschle staffers and KELO-Land TV, Associated Press, Public Radio...about 10 press people total. About 40 people total in the courtroom.

UPDATE: Daschle campaign manager Steve Hildebrand is spinning Public Radio in the courtroom. He's also spinning Argus reporter Mike Madden.

UPDATE: Wally at IR: "Are you telling me that the same lawyer that sued to put Tom Daschle over the hump against Leo Thorsness in 1978 is now the federal judge that can put him over the top against John Thune in 2004?" More: "In a near lifetime of watching Tom Daschle's career, I never believed I could be this outraged. In what can only be described as absolute desparation, Daschle has sued his opponent, John Thune, before the votes are even counted. My God, Tom. Even George McGovern lost with more dignity. Even Jim Abourezk went away quietly. You're not only hurting yourself, you're hurting your entire party, and the good people of South Dakota."

UPDATE: The fish just got squished on Monday Night Football (oh for the Marino days) so the KSFY Television report on Daschle's lawsuit will be coming soon.

UPDATE: From the other end of the state, Wes Roth reports there will soon be a protest at the Daschle campaign office in Rapid City.

UPDATE: Daschle lawyer asks for remedy of not disproportionately sending lawyers to Indian country vs. non-Indian areas. Judge asks if he has any authority in case law for such a broad remedy. Daschle lawyer cited no cases.

UPDATE: The judge raises the issue of live reports coming from the courtroom and ending up on some website. What an outrage!

UPDATE: The judge is now in chambers and will be ruling in 20 minutes.

UPDATE: The only testimony for Daschle was the Howard Dean supporter who had no evidence of intimidation. No voter or country official testified to intimidation. It was also noted that the judge accepted testimony via telephone in the case and Daschle could still produce no testimony of intimidation.

UPDATE: Over 30,000 unique hits in recent hours. As the left used to say in the 1960s, "The Whole World Is Watching."

UPDATE: Powerline has more on an Ohio case the judge mentioned tonight. Note that Daschle is asking this judge to go even further than this ruling and bar ONE party from engaging in poll watching.

Jordan said that at one point, a lawyer said something loudly that could be considered intimidating and that another attorney rolled his eyes when voters signed an affidavit if they didn't have identification.

"Then, he wrote something down," Jordan said. "I think that would be intimidating."

On cross-examination, Jordan said none of the lawyers kept anyone from voting, spoke to any voters or wore clothing with Thune's name on it.

UPDATE: Witness outside the courthouse: "One Daschle supporter came to the rally, stole one of the Thune signs and wrote 'I Like Tom' on the back. He held it up facing an empty street. Then After some polite heckling like 'What state you from?' he left after saying: 'At least the Red Sox won the World Series.'"

Interestingly, one of the first issues of the Tempest, dated March 1990, (when [current Argus Leader political editor Patrick] Lalley was managing editor) contains a letter from Catherine V. Piersol of Sioux Falls, a prominent Democratic activist in the state, offering her "congratulations on giving Sioux Falls an answer to the Village Voice."

UPDATE: AP is reporting that the Sixth Circuit Court of Appeals has overturned the two Ohio district courts that were blocking Republican observers at the polls (story below):

CINCINNATI (AP) - A federal appeals court has cleared the way for challengers to be present at polling places in Ohio, ruling early Tuesday that their presence on Election Day is allowed under state law. A three-judge panel of the 6th U.S. Circuit Court of Appeals ruled 2-1 to grant emergency stays of two federal judges' orders Monday that barred political parties' voter challengers in Ohio.

UPDATE: The judge is being made aware of this new ruling. Everyone is still awaiting the outcome.

UPDATE: Daschle's personal lawyer Jim Leach, who is communicating by telephone, just announced over the speaker that he needs to talk to Daschle campaign manager Steve Hildebrand.

UPDATE: Thanks for ALL your emails. I will get to them. The emails from lawyers are the best. They can't believe how absurd this is, on so many levels. Why would Daschle personally sue Thune as an indivudal, for example? Who dreamed this up tactic? There's not a single mention of Thune doing anything in the complaint. And it's not like they just dreamed this up. The complaint and addendums are 33 pages. They've had plenty of time to figure this out. As to the argument itself, the allegations are ridiculous--taking notes? An no legitimate witnesses? A Deaniac who has been here for 24 hours? The remedy is to object to the election board, not sprinting into federal court only hours before the polls open.

Rumors about vote buying have been sweeping Indian Country. Bruce Whalen, a member of the Oglala Sioux Tribe running for the state Legislature on the Republican ticket, sent a letter to tribal President John Yellow Bird Steele alleging the vote buying and urging Steele to stop it.

Republican state vice chairman Elli Schwiesow said tribal people have stopped at the Republican office in Pine Ridge to ask for money for their vote.

"We've had people burst through our door and demand money. We'll ask what candidate, and they'll say Demo-crat," she said.

Despite the rumors, Fall River County officials, who handle Shannon County ballots, haven't found any proof. State's Attorney Lance Russell said he had heard disturbing stories but had no evidence to prove them.

UPDATE: Everyone is still waiting.

UPDATE: They are going into the courtroom.

UPDATE: The judge has issued an order restricting Republicans from recording license plate numbers of people leaving the polls in Charles Mix County. Well, this is a kick in the pants for the Democrats, who wanted the judge to force the Republican Party to completely re-deploy all its poll watchers. They had no substantive evidence, they relied on a Howard Dean operative who has been here for a day as the basis for their case, they looked desperate, they didn't get the relief they wanted, the entire GOP poll watching system is still in place, and more questions have been raised about why Democrats are so paranoid about people "ostentatiously taking notes."

UPDATE: What they're saying Down Under, via Tim Blair: "Tom Daschle has taken his Republican opponent to court over the intimidation of Indian voters via aggressive eye-rolling."

UPDATE: Thune campaign manager Dick Wadhams was being interviewed after the decision by KELO-Land television, KDLT television, and Public Radio when Daschle deputy campaign manager Dan Pfieffer dropped his cell phone, it fell under Wadhams, and Pfieffer was crawling around under Wadhams during the live interview. Then, when Pfieffer was leaving with Daschle campaign manager Steve Hildebrand, Hildebrand honked his horn 8 times to interupt the Wadhams interview, and then squawked his tires when dashing away. DVT correspondents are working on photos of the black marks. Wadhams, it is reported, didn't miss a beat during the Daschle team freak-out. Let's just say this is not the behavior of people who are up in the polls.

How will Thune be able to come back from this devastating setback?!? His efforts are crippled, I tell you, crippled! He might as well concede now!

This isn't even worth appealing, for crying out loud. I'm going to bed. Been fun, everyone!

It was a pathetic waste of federal court's time, no question.

UPDATE: Apparently, the writing down of 5 license plates of vans bringing voters to the polls.

UPDATE: Well, over 40,000 unique hits during tonight's reporting. I'll get to all the comments at some point and all the links out there.

UPDATE: During the hearing, apparently there was discussion of the Ohio decisions. But then the GOP lawyers noted that they had been reversed. Oops.

UPDATE: The GOP lawyers also emphasized that the Deanic had a feeling there might be a problem somewhere even though they presented no direct evidence and no direct witnesses involving anybody actually saying they felt intimidated. The Deaniac took a beating on the stand. The reporters writing in are embarassed for the Daschle campaign that their case was based on eye-rolling and note-taking and a few voter van license plates being written down after people had voted.